New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-03-23
RAPID TRANSIT IN BROOKLYN.
A VICTORY FOR THE KINGS COUNTY ROAD.
ITS RIGHTS UPHELD BY THE HIGHEST COURT AS

ITS RIGHTS UPHELD BY THE HIGHEST COURT As
AGAINST TIE UNION COMPANY.
The decision of the Court OF Appeals the application
OF the Kings County Elevated Railroad Company 10
acquire certain lands in Fulton-st, brooklyn hanied
down settles right of that company to con-
struct its elevated road In Fuonst work upon which
was begun sumo time ago by putting up span at Boer
un place and laying foundations near Classonave The
proceedings formed n rest between the Kings
County Company and the new Union Company, winch
the Court OF Appeals and hasten the decision
the Special and General Terms Of the supreme
last year 10th decided against the Kings County com
pany and are overruled by the opinion OF the Court
by ali except Judges Finch and Earl The petition OF the
company acquire lands was denied by the supreme
Court on the ground that the company did not nave the
consent of the local authorities The General Iera III
affirming this held that by certain defaults tne
question also brought up, namely. whether he CON-
Pany had EYER legally al See points
and settles them In favor OF the company, h0iu-
lb nv ''' commission mis- S dDly appointed BY Mayor
Howell lay the routes and thai the road has the
right to the appointment of commissioner to condemn
The eject OF the decision was much discussed in Brook
Ign yesterday The victory of the Kings County Com
pany was regarded as crushing blow the Union Com
panv, I'm which many prominent Democratic politicians
are Interested and which has already begun work In
Fultonst under decision of the Court Of Appeals adj
ton resulting in the decision begun by
representatives OF the Union Company. and
they have tried to block any structure
Union Company's roao across 1t at riatsnshav e,
But the Kings County Company was shrewd enough 10
buy piece OF property FultOn.st. and Hudsonav
just where the Union Company desires TO co. ana mus
blocked its route.
Jesse Johnson one OF the counsel OF the Kings County
Company said yesterday that il 1t had not been for the
opposition which led the proceedings just ended the
road in FultOn-st would have DeeL completed last Juy
Now the company had victory over all the obstacles
put in the way and would proceed at once to build Its
structure. the which had been made long
ago The contest had been made as TO cover every
point raised against the validity OF the charter OF the
The decision OF the Court OF Appeals cleared
the way for the road. and its construction
would prove OF inestmable benefit TO the city. The hgnt
hard against money aud political power, but
real rapid transit Brooklyn overcome While the
matter was pending the courts Mayor Whitney ap-
pointed commission which laid out routes In the same
granted 10 the Kings County Company and organ
10 rcscnd former Board 70 the Kings
County Company, but all this scheming had been de-
defeated.
Ex-Juige Shea also OF counsel for the Kings County
Company said that the decision was the most important
in relation corporate rights and obligations gwen
in Twenty-Five years II settled the law or tho state ana
conferred great benefit upon those who honestly Invested
their money in important pubic improve,
ments and spectators aud blackmaerS lie siun
he had fully expected such decision and 1t was abso-
tey for the company with costs against the DINER sue
in the power OF the company To proceed at once
and give rapid transit TO the people or BROOKLYN
Mayor Whitney said he hat been assured by General
JOuran OF the leading officials OF the company tn9t
they were ready proceed with work ana Dud
rs they had the right to do so. -,
The injunction against the Kings county Company VIII
company has a capital of $l,ooo,Ooo General @ A.
Gilmore Is president.